EstatePass
Practice Of Real EstateState_specificHARD

A buyer from California is purchasing a residential lot in a Nevada subdivision that is not connected to a municipal water system. The listing agent tells the buyer that water rights 'come with the land' and no further action is needed. The buyer later discovers that the lot has no valid water right and no domestic well permit. Which of the following statements most accurately describes the potential consequences and liability in this situation?

Correct Answer

A) The listing agent may face disciplinary action for misrepresentation, and the buyer may have a claim for damages because the agent's statement that water rights come with the land was false under Nevada law

The listing agent's statement that water rights 'come with the land' is factually and legally incorrect under Nevada law. Water rights are separate property interests that do not automatically transfer with real property. By making this false statement, the agent may have committed misrepresentation or provided negligent advice, which could subject them to disciplinary action by NRED under NRS Chapter 645 and expose them to civil liability. The buyer, who relied on this statement to their detriment, may have a valid claim for damages.

Answer Options
A
The listing agent may face disciplinary action for misrepresentation, and the buyer may have a claim for damages because the agent's statement that water rights come with the land was false under Nevada law
B
The listing agent has no liability because Nevada law places the burden on buyers to independently verify all water rights before closing
C
The buyer's only remedy is to file a complaint with the Nevada Division of Water Resources, which can compel the seller to transfer water rights retroactively
D
The listing agent's statement is technically accurate because Nevada law presumes water rights are included in all residential lot sales unless explicitly excluded in the deed

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

agent_misrepresentationwater_rightslicensee_liabilitynrs_645buyer_remedies

Related Concepts

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing